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Indiana Law Journal

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Articles 151 - 180 of 498

Full-Text Articles in Constitutional Law

The Executive And The Avoidance Canon, H. Jefferson Powell Oct 2006

The Executive And The Avoidance Canon, H. Jefferson Powell

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard Oct 2006

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Oct 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Reconsidering Reparations, Alfred L. Brophy Jul 2006

Reconsidering Reparations, Alfred L. Brophy

Indiana Law Journal

Eric Posner's and Adrian Vermeule's essay, Reparations for Slavery and Other Historic Injustices, seeks a framework for defining reparations and evaluating reparations claims. It explores a limited set of past reparations, as well as the connections between those asked to pay reparations and past wrongdoers, and the connections between those receiving reparations and those injured in the past. Posner and Vermeule use that framework to evaluate the morality of reparations and the legal problems that arise in implementing reparations proposals.

This Essay takes up the Posner-Vermeule analysis at several points. It challenges their limited definition of reparations and their limited …


Taking The Initiative: Political Parties, Primary Elections, And The Constitutional Guarantee Of Republican Governance, Gavin M. Rose Apr 2006

Taking The Initiative: Political Parties, Primary Elections, And The Constitutional Guarantee Of Republican Governance, Gavin M. Rose

Indiana Law Journal

No abstract provided.


Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz Apr 2006

Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz

Indiana Law Journal

No abstract provided.


Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering Oct 2005

Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering

Indiana Law Journal

No abstract provided.


Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester Oct 2004

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester

Indiana Law Journal

No abstract provided.


Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn Oct 2004

Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn

Indiana Law Journal

No abstract provided.


Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams Apr 2004

Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams

Indiana Law Journal

Indiana University Distinguished Faculty Research Lecture. April 23, 2003.


Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo Jan 2004

Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo

Indiana Law Journal

No abstract provided.


Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis Jan 2004

Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis

Indiana Law Journal

No abstract provided.


National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman Oct 2003

National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman

Indiana Law Journal

No abstract provided.


Architexture, Akhil Reed Amar Oct 2002

Architexture, Akhil Reed Amar

Indiana Law Journal

Addison C. Harris Lecture, March 20, 2002


Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur Oct 2002

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

Indiana Law Journal

No abstract provided.


The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey Oct 2002

The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey

Indiana Law Journal

No abstract provided.


Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan Jul 2002

Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan

Indiana Law Journal

No abstract provided.


The Supreme Court Takes On The First Amendment Privacy Conflict And Stumbles: Bartnicki V. Vopper, The Wiretapping Act, And The Notion Of Unlawfully Obtained Information, James M. Hilmert Jul 2002

The Supreme Court Takes On The First Amendment Privacy Conflict And Stumbles: Bartnicki V. Vopper, The Wiretapping Act, And The Notion Of Unlawfully Obtained Information, James M. Hilmert

Indiana Law Journal

No abstract provided.


Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz Jan 2002

Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz

Indiana Law Journal

No abstract provided.


A Conservative Defense Of Romer V. Evans, Dale Carpenter Apr 2001

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.


Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg Oct 2000

Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg

Indiana Law Journal

No abstract provided.


Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann Jul 2000

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Indiana Law Journal

No abstract provided.


"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine Apr 2000

"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine

Indiana Law Journal

The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to be pivotal …


The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle Jan 2000

The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman Jan 2000

Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Religion And Education: Whither The Establishment Clause?, Martha Mccarthy Jan 2000

Religion And Education: Whither The Establishment Clause?, Martha Mccarthy

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler Jan 2000

Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry Jul 1999

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.


Removal And Waiver Of The Eleventh Amendment, Leah M. Krider Jul 1999

Removal And Waiver Of The Eleventh Amendment, Leah M. Krider

Indiana Law Journal

No abstract provided.


Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes Oct 1998

Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes

Indiana Law Journal

No abstract provided.